Carrisales v. Department of Corrections (December 9, 1999)

* Court: California Supreme Court

* Jurisdiction: State of California (Department of Corrections)

* Trial Court: Totally against plaintiff

* Appellate Court: Partly in favor of plaintiff

* California Supreme Court: Against plaintiff

* Issues: California Fair Employment and Housing Act, sexual harassment, liability of co-worker for sexual harassment

 

Carrisales Facts

* Carrisales, an employee of the Department of Corrections, sued the department, two supervisors, and a co-worker for sexual harassment. She only sued under state law, i.e., the California Fair Employment and Housing Act, not under federal law.

* The trial court granted summary judgment in favor of the defendants.

* The appellate court reversed as to the department but affirmed the dismissal as to the supervisors and co-workers.

* Plaintiff appealed the co-worker issue to the California Supreme Court.

* The California Supreme Court decided against the plaintiff.

 

Carrisales Analysis

* The Fair Employment and Housing Act (FEHA) applies to "any. . . person" which, plaintiff argues, includes co-workers.

* The Supreme Court observed that the FEHA is intended to prohibit certain "employment practices", and it is an employer, not a co-worker, who establishes "employment practices".

* The Supreme Court also noted that the relevant FEHA section absolves an employer of liability if it takes immediate corrective action, further establishing the employer-employee focus of the FEHA.

* The Supreme Court pointed out that Carrisales may have non-FEHA causes of action against a harassing co-worker.

* The Supreme Court added that federal Title VII law does not impose liability upon co-workers.

 

Conclusion

The California Supreme Court has clarified that, unlike sergeants or lieutenants, police officers or deputies who sexually harass another employee are not liable to that employee under the California Fair Employment and Housing Act, although they may nonetheless be subject to discipline or to suits under a non-FEHA cause of action.